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Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Chapter IX : Offences, Penal Provisions and Legal Procedure

337. Seizure of a ship, a share in a ship or goods detained or liable to forfeiture

 

(1) The Authority or proper officer may, if it or he deems it expedient to do so, in order that any ship, share in a ship or goods in respect of which a notice of detention or of forfeiture has been served in terms of section 335 or 336, or in respect of which it is intended to cause such a notice to be so served, may be secured against damage, destruction, concealment, removal or rescue, cause that ship or share or those goods, as the case may be, to be seized by a person thereto authorized for the purpose.

[Section 337(1) substituted by section 2(2) of Act No. 5 of 1998]

 

(2) The seizure of a ship or goods shall be effected by the physical taking possession thereof, and the seizure of a share in a ship shall be effected by the physical taking possession of that ship.

 

(3) The person effecting seizure of any ship, share in a ship or goods shall, upon demand, exhibit his written authority to do so, and, if at the time of seizure a notice of detention or forfeiture has not yet been served, shall serve upon the person in whose possession the ship or goods are seized a notice setting forth that it is intended to cause a notice of detention or forfeiture to be served and the grounds on which that intention is based.